SCHEDULE
Rule 6
"PART 82
CLOSED MATERIAL PROCEDURE
Contents of this Part
SECTION I APPLICATION OF THIS PART |
|
82.1 |
Scope and interpretation |
82.2 |
Modification to the overriding objective |
82.3 |
Rules to apply subject to this Part |
SECTION GENERAL PROVISIONS II |
|
82.4 |
Scope of this Section |
82.5 |
Case management |
82.6 |
Hearings in private |
82.7 |
Notification of hearings |
82.8 |
Proceedings which must be determined at a hearing |
82.9 |
Appointment of a special advocate |
82.10 |
Functions of a special advocate |
82.11 |
Special advocate: communicating about proceedings |
82.12 |
Evidence in proceedings to which this Part applies |
82.13 |
Sensitive material |
82.14 |
Consideration of closed material application or of objection to special advocate's communication |
82.15 |
Failure to comply with directions |
82.16 |
Judgments |
82.17 |
Application by the Secretary of State or relevant person for reconsideration of decision |
82.18 |
Supply of court documents |
SECTION APPLICATIONS UNDER SECTION 6(2) OF THE ACT III |
|
82.19 |
Scope of this Section |
82.20 |
Possible application for declaration under section 6(2) of the Act by Secretary of State: notification to Secretary of State if not a party |
82.21 |
Notification of intention to make application for a declaration |
82.22 |
Application for a declaration |
82.23 |
Directions for hearing of application |
82.24 |
Notification by applicant following hearing of application |
82.25 |
Secretary of State to be joined where declaration made |
82.26 |
Directions following declaration |
SECTION REVIEW AND REVOCATION OF DECLARATIONS MADE UNDER SECTION 6 OF THE ACT IV |
|
82.27 |
Scope of this Section |
82.28 |
Possible revocation of declaration: court's own motion |
82.29 |
Application for revocation of declaration |
82.30 |
Formal review of declaration |
SECTION V REVIEW, UNDER SECTION 18 OF THE ACT, OF A CERTIFICATE UNDER SECTION 17(3)(e) OF THE ACT |
|
82.31 |
Review of certification |
SECTION APPEALS TO THE COURT OF APPEAL VI |
|
82.32 |
Modification of Part 52 (appeals) |
SECTION I
Application of this Part
Scope and interpretation
82.1.
-(1) This Part contains rules-
(a) about-
(i) applications under sections 6(2), 7(4) and 18(1) of the Justice and Security Act 2013;
(ii) closed material applications in section 6 proceedings;
(iii) section 6 proceedings; and
(b) about appeals to the Court of Appeal where there have been proceedings on or in relation to any matter within sub-paragraph (a) in the High Court.
(2) Subject to paragraph (3), in this Part-
(a) "the Act" means the Justice and Security Act 2013;
(b) "closed material application" means an application of the kind mentioned in section 8(1)(a) of the Act;
(c) "legal representative" is to be construed in accordance with section 14(1) of the Act;
(d) "relevant person" is to be construed in accordance with section 14(1) of the Act;
(e) "section 6 proceedings" is to be construed in accordance with section 14(1) of the Act;
(f) "sensitive material" has the meaning given by section 6(11) of the Act;
(g) "special advocate" means a person appointed under section 9(1) of the Act;
(h) "specially represented party" means a party whose interests a special advocate represents;
(3) In relation to proceedings arising by virtue of section 18 of the Act (review of certification)-
(a) a reference to the relevant person is to be read as a reference to the Secretary of State; and
(b) a reference to the interests of national security includes a reference to the interests of the international relations of the United Kingdom.
Modification to the overriding objective
82.2.
-(1) Where any of the rules in this Part applies, the overriding objective in Part 1, and so far as possible any other rule, must be read and given effect in a way which is compatible with the duty set out in paragraph (2).
(2) The court must ensure that information is not disclosed in a way which would be damaging to the interests of national security.
(3) Subject to paragraph (2), the court must satisfy itself that the material available to it enables it properly to determine proceedings.
Rules to apply subject to this Part
82.3.
-(1) Subject to paragraph (2), in relation to proceedings to which this Part applies, these Rules apply subject to the rules in this Part.
(2) Part 31 (disclosure and inspection of documents) applies to proceedings to which this Part applies, subject only to rule 82.2 and the court's permission for material not to be disclosed otherwise than to-
(a) the court;
(b) any person appointed as a special advocate; and
(c) where the Secretary of State is not the relevant person but is a party to the proceedings, the Secretary of State.
SECTION II
General provisions
Scope of this Section
82.4. This Section applies, except where otherwise indicated, to the proceedings mentioned in rule 82.1.
Case management
82.5. Proceedings to which this Section applies are to be treated as allocated (or, as the case may be, re-allocated) to the multi-track.
Hearings in private
82.6.
-(1) If the court considers it necessary for any party and that party's legal representative to be excluded from any hearing or part of a hearing in order to secure that information is not disclosed where disclosure would be damaging to the interests of national security, it must-
(a) direct accordingly; and
(b) conduct the hearing, or that part of it from which that party and that party's legal representative are excluded, in private but attended by a special advocate to represent the interests of the excluded party.
(2) The court may conduct a hearing or part of a hearing in private for any other good reason.
Notification of hearings
82.7. Unless the court directs otherwise, it must serve notice of the date, time and place fixed for any hearing on-
(a) every party, whether or not entitled to attend that hearing; and
(b) the special advocate or those instructing the special advocate.
Proceedings which must be determined at a hearing
82.8. The following proceedings must, unless the court directs otherwise, be determined at a hearing-
(a) an application by the Secretary of State under section 6(2) of the Act for a declaration;
(b) a closed material application;
(c) a review of the court's own motion under section 7 of a declaration made under section 6 of the Act;
(d) a formal review under section 7(3) of the Act of a declaration made under section 6 of the Act;
(e) an application under section 7 of the Act for revocation of a declaration made under section 6 of the Act;
(f) an application under section 18(1) of the Act to have a certificate issued under section 17(3)(e) of the Act set aside;
(g) an appeal to the Court of Appeal from a decision or order of the High Court made in any of the proceedings mentioned in paragraphs (a) to (f) above.
Appointment of a special advocate
82.9.
-(1) Subject to paragraphs (2) and (3), where-
(a) the Secretary of State decides to make an application under section 6(2) of the Act for a declaration; or
(b) the Secretary of State receives written notice under rule 82.21 (notification of intention to make application for a declaration) that a party other than the Secretary of State intends to make such an application; or
(c) the Secretary of State receives written notice under rule 82.31 (review of certification) of an application under section 18(1) of the Act to have a certificate issued under section 17(3)(e) of the Act set aside,
the Secretary of State must immediately give notice of the proceedings to the Attorney General (who, under section 9(1) of the Act, has the power to appoint a special advocate).
(2) Paragraph (1)...